President's Directive No. 4

University Policy Regarding Handbills and Circulars on Campus

I. Directive

A. Any lawful handbill or circular issued without charge may be distributed by any person in accordance with the time, place and manner restrictions set forth below. No person or persons may cast, throw, deposit or distribute any advertising handbills or circulars that contain false, misleading, or illegal advertising.

B. The University reserves the right to place reasonable restrictions on time, place and manner of expression and prohibits any acts that impede or are disruptive to the regular or essential operations of the University (which include but are not limited to teaching, study, research, administration, meetings and/or other authorized and permissible use of University facilities); infringe on the rights and privileges of others; damage University property or endanger the safety of others. The University further reserves the right to refuse permission based on health or safety concerns to permit distribution of handbills or circulars in a particular area of campus.

C. The distribution of handbills or circulars in violation of the time, place and manner restrictions contained in this Directive is not permitted.

II. Authority

California Education Code Sections 66600, 66606, 89030, 89031, and 89035. California Code of Regulations, Title 5, Section 42352.

III. Scope

This Directive is effective on the campus of Cal State Fullerton and on any other property controlled by the University. Members of the University community, including faculty, staff, students, guests and visitors, are subject to this Directive.

IV. Implementation

The distribution of handbills and circulars is contingent upon the agreement of those engaging in this activity to adhere to the following time, place and manner restrictions.

A. Time
Any time.

B. Place
In any unreserved exterior location open to the public, except parking structures or lots, building courtyards and patios, residence halls, and at least 25 feet away from the entrance or exit of any building or parking structure or lot. Distribution inside any building or parking structure or lot, is not permitted. Handbills or circulars may not be placed upon any parked vehicle.

C. Manner
1. Distribution of handbills and circulars (1) may not cause actual physical harm to a person; (2) may not impede classes or any other regular or essential operations of the University; (3) may not impede or obstruct the freedom of movement of any pedestrian, bicyclist or vehicle, including free entry to or exit from any University property or facility; (4) must be carried out without amplification equipment; (5) may not coerce or intimidate; and (6) must be carried out without repeated contact with persons who have declined the handbills and circulars.
2. Handbills or circulars may not be inserted into copies of the Daily Titan awaiting distribution unless the Daily Titan has been paid the advertising cost of such insertions. Individuals or groups distributing materials, other than material discarded or dropped in or around appropriate receptacles, shall make a reasonable effort to retrieve and remove such materials prior to their departure from campus.

V. Accountability

Violations of this Directive may result in removal of the offending party or parties from the campus, as well as possible loss of further use of campus facilities and grounds. Personal or corporate liability for any cost incurred by the campus due to the improper use may be imposed upon the responsible party(s). In addition, a violation may constitute a crime under the Penal Code and the offending party may be found guilty of a misdemeanor pursuant to Education Code Section 89031, and also may subject the violator, if a student, to student disciplinary action pursuant to Title 5, California Code of Regulations, Sections 41301-41303. Non-campus affiliated groups or individuals may also have their future privileges revoked under Section 626 et seq. of the Penal Code. Faculty and staff who violate this Directive are subject to appropriate disciplinary action pursuant to the applicable collective bargaining agreement and/or administrative policies or procedures.

 

Mildred García, President
June 23, 2017